MOHAMED SALEH BEHBEHARI & CO., ALSO KNOWN AS MD. SALEH BEHBEHARI Vs. OWNERS AND PARTIES INTRESTED IN THE VESSEL M.V. "NOTIS" ALSO KNOWN AS "BAROJA TRADER"

JUDGEMENT

(1.) On or about the 25th April, 1981 Mohamed Saleh Behbehari & Co. incorporated under the laws of the State of Kuwait instituted this suit against the Owners and Parties interested in the Vessel M.V. Notis also known as the "Broja Trader" (hereinafter referred to as the Vessel) in the Admiralty Jurisdiction of this Court claiming, inter alia, the following reliefs:

(2.) The cause of action of the plaintiff in short is as follows :

(3.) It is alleged that in breach of the Charter-Party Agreement and the terms and conditions thereof the Vessel failed to sail on the stipulated date and could not maintain the stipulated speed of 12 knots per hour. Further and in breach of the said conditions the Vessel had a defective windlass, her Cargo Ship's safety Equipment Certificate expired on the 23rd Nov., 1980 and her Ship Safety Radio Telegraph Certificate expired on the 23rd Jan., 1981.